All living species are transitory. Depending upon the definition of “technology” in specific contexts, they either evolve biologically or biotechnologically to meet ever-changing external and internal conditions, or they ultimately become extinct. Even the humankind sentient “essence,” i.e., the whole seemingly being greater than the sum of its parts, is constantly in evolutionary transition. If not, it too becomes extinct, or perhaps may be transferred and incorporated in a similar fashion by a subspecies or totally different species; perhaps even by a biotechnological or totally technological post human … beyond cyberpersona. No species has “lasted forever”… yet!
Empirically-based human laws that have been formulated to enhance transitory and specific interests in space exploration, migration, and settlement, lack the essential and underlying philosophic construct, i.e., survival of the species, its descendants, and the evolutionary odyssey of their “essence.” This survival odyssey is the real empirical foundation of space law, specifically the survival of humankind and of its biotechnological descendants.
Moore’s Law and the Singularity Principle remind us that time and technological evolution are compressing the time available for humankind’s intentional evolution and space migration for purposes of promoting the survival of the human essence. The question posited is, “What is the relationship between individuals, society, civilization, a species, the solar system, the galaxy, and the constantly evolving empirical nature of the ‘known’ universe and potential parallel universes?” This is the question upon which the humankind evolutionary odyssey pivots, and the principal objective of this chapter is to examine jurisprudential issues that are applicable to a technologically altered species that is living and functioning off-Earth.
The humankind species is now shaping its ongoing survival by changing the life-support capabilities of Earth to the point where off-Earth migration may not be optional, but rather necessary for the continued evolution of the species, and the continuation of its odyssey to survive and inch toward understanding its own “essence.”